August 20, 2018

The Antitrust Week In Review

Here are some of the developments in antitrust news this past week that we found interesting and are following.

Apple accused of pressuring game rivals in Japan: Nikkei.  Japanese regulators are investigating Apple Inc over allegations it unfairly pressured Yahoo Japan Corp to slow the expansion of its online games platform, which competes with Apple’s App Store, Japanese media reported on Thursday. The Fair Trade Commission is looking at whether Apple interfered in Yahoo Japan’s operations by pressuring it to cut back on developing its Game Plus web-based service which enables users to stream games without downloading apps, the Nikkei newspaper reported.

Independent Labels Urge EU to Block Sony’s $2.3 Billion Bid for EMI.  Independent music labels group Impala has called on EU antitrust regulators to block Sony Corp’s bid to become the world’s largest music publisher with its $2.3 billion (£1.8 billion) offer for control of EMI, saying the combination would have too much market power. Sony announced the deal in May, the boldest strategy move by its new CEO Kenichiro Yoshida, which would give it rights to 2.1 million songs from artists such as Drake, Sam Smith, Pharrell Williams and Sia. The Japanese conglomerate, which currently owns a 30 percent stake in EMI, wants to buy Mubalada Investment Co’s 60 percent stake.

Sprint partners with LG to launch 5G smartphone in 2019.  Sprint Corp said Tuesday it has partnered with phone manufacturer LG Electronics Inc to launch a 5G smartphone in the first half of next year, marking the first 5G device deal for the No. 4 U.S. wireless carrier. Sprint is working to persuade antitrust regulators to approve its merger with larger rival T-Mobile US Inc in a $26 billion deal, which the companies say will help them more quickly build the next-generation wireless network. That network is expected to eventually pave the way for new technologies like autonomous cars.

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Categories: General, Uncategorized

    August 13, 2018

    The Antitrust Week In Review

    Here are some of the developments in antitrust news this past week that we found interesting and are following.

    Beer drinkers lose U.S. appeal over Anheuser-SABMiller merger.  A federal appeals court on Wednesday rejected an antitrust challenge by 23 beer drinkers to Anheuser-Busch InBev SA’s (ABI.BR) $107 billion purchase in 2016 of SABMiller Plc, which they claimed would thwart competition and raise prices in the U.S. beer market. The 9th U.S. Circuit Court of Appeals in Portland, Oregon said SABMiller’s agreement with antitrust regulators to divest its U.S. beer business, by selling its stake in the MillerCoors joint venture to Molson Coors Brewing Co (TAP.N), would prevent increased concentration in the industry. It also rejected as speculative the argument that the merger violated the federal Clayton Act because it gave Molson Coors an incentive to adopt Anheuser’s distribution practices, to combat its rival’s newly increased size.

    Appeals Court Rejects Magazine Anti-Trust Lawsuit.  A federal appeals court has rejected an antitrust lawsuit brought against publishers by what was once one of the country’s largest wholesale magazine distributors. In an opinion published Monday, the 2nd U.S. Circuit Court of Appeals in Manhattan agreed with a lower-court judge in rejecting Anderson News LLC’s claims, first brought in 2009. The Knoxville, Tennessee company argued that publishers controlling 80 percent of the nation’s magazines conspired to drive it out of business by rejecting its demand that publishers pay 7-cent surcharges on each magazine distributed. The company said the surcharge was necessary to remain profitable.

    Sprint, T-Mobile in early stages of regulatory review, no decisions yet: source.  U.S. antitrust enforcers are in the early stages of reviewing T-Mobile US Inc’s to buy Sprint Corp for $26 billion, and have reached no conclusions on how many wireless carriers the country needs, a source familiar with the situation said. Sprint shares were up 8.7 percent at $6.11 and T-Mobile rose 6.7 percent to $65.65 in late-afternoon trading, after the New York Post reported that U.S. regulators believed that just three national providers were needed, removing an obstacle to the deal. The two companies compete against AT&T and Verizon to provide U.S. wireless service.

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    Categories: Antitrust Litigation, General, Uncategorized

      July 9, 2018

      The Antitrust Week In Review

      Here are some of the developments in antitrust news this past week that we found interesting and are following.

      Tech Giants Win a Battle Over Copyright Rules in Europe.  It’s a fight nearly as old as the internet. On one side are news organizations, broadcasters and music companies that want to control how their content spreads across the web, and to be paid more for it. On the other are tech companies such as Facebook and Google, which argue that they funnel viewers and advertising revenue to media outlets, and free-speech advocates, who say that regulating the internet would set a dangerous precedent and limit access to information. That battle flared up in Europe on Thursday.

      Content-hungry bidders circle ‘Big Brother’ maker Endemol.  Several bidders, including Liberty Global, are preparing offers for TV production company Endemol Shine, maker of classic reality show ‘Big Brother’ and the dystopian ‘Black Mirror’ dramas, before an initial deadline. ITV, RTL Group’s FremantleMedia and Lions Gate Entertainment are also eyeing Netherlands-based Endemol, sources close to the matter said, in a deal that comes as the rise of streaming giants Netflix and Amazon Prime has thrown the industry into turmoil.

      A Record $2.5 Trillion in Mergers Were Announced in the First Half of 2018.  More than $2.5 trillion in mergers were announced during the first half of the year, as fears of Silicon Valley’s growing ambitions helped drive a record run of deal-making. Four of the 10 biggest deals were struck in part to fend off competition from the largest technology companies as the value of acquisitions announced during the first six months of the year increased 61 percent from the same period in 2017, according to data compiled by Thomson Reuters. That has put mergers in 2018 on pace to surpass $5 trillion, which would top 2015 as the largest yearly total on record.

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      Categories: Antitrust Litigation, Antitrust Policy, General

        September 25, 2017

        The Antitrust Week In Review

        Here are some of the developments in antitrust news this past week that we found interesting and are following.

        Google offers to treat rivals equally via auction –sources.  Google has offered to display rival comparison shopping sites via an auction, as it aims to stave off further EU antitrust fines, four people familiar with the matter said.  Google is under pressure to come up with a big initiative to level the playing field in comparison shopping, but its proposal was roundly criticised by competitors as inadequate, the sources said.  EU enforcers see the antitrust case as a benchmark for investigations of other areas dominated by the U.S. search giant, such as travel and online mapping.

        Walgreens, Rite Aid Trim Store Purchase Deal to $4.38B.  Walgreens and Rite Aid have finally devised a deal between the nation’s largest and third-largest drugstore chains that will get past antitrust regulators.  The companies said Tuesday that they have Federal Trade Commission clearance for a slimmer version of a store-purchase agreement announced in June.  Walgreens will now spend $4.38 billion on 1,932 stores, three distribution centers and inventory.

        Democratic senator lifts hold on Trump antitrust nominee –aide.  U.S. Senator Elizabeth Warren has lifted her hold on President Donald Trump’s pick to run the Justice Department’s Antitrust Division, a move that will allow the Senate to vote to confirm Makan Delrahim, a senior Republican aide said on Friday.  Warren, a Massachusetts Democrat, had met with Delrahim early in September where she pressed him about her concerns about lobbying and political interference in antitrust.  Delrahim, a veteran of the Justice Department and a lobbyist, has been nominated to be assistant attorney general.

        Bayer dismisses antitrust concerns about digital farming.  Bayer said it was unable to propose the sale of any digital farming assets to allay EU concerns about its planned $66 billion takeover of Monsanto.  The European Commission last month started an in-depth investigation into the German group’s plan to acquire the U.S. seeds maker.  Among its concerns, the regulator took issue with Bayer’s plan to create combined offerings of seeds and pesticides with the help of new digital farming tools, such as connected sensors, software and precision machines.

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        Categories: Antitrust Litigation, Antitrust Policy, General, International Competition Issues

          May 22, 2017

          The Antitrust Week In Review

          Here are some of the developments in antitrust news this past week that we found interesting and are following.

          EU Fines Facebook 110 mln euros over WhatsApp deal.  European Union antitrust regulators fined Facebook 110 million euros ($122 million) on Thursday for giving misleading information during a vetting of its deal to acquire messaging service WhatsApp in 2014.  Calling it a “proportionate and deterrent fine,” the European Commission, which acts as the EU’s competition watchdog, said Facebook had said it could not automatically match user accounts on its namesake platform and WhatsApp, but two years later launched a service that did exactly that.

          Tronc in Talks with Wrapports to Acquire Chicago Sun-Times.  Two longtime newspaper rivals in the once highly competitive Chicago market may end with the acquisition of the Chicago Sun-Times by the owner of the Chicago Tribune, which has grabbed the attention of the U.S. Justice Department Monday.  Chicago-based Wrapports LLC announced in a statement it has agreed to enter into discussions with Tronc Inc., owner of several major newspapers, after failing to interest other media companies in acquiring the Sun-Times.

          HSBC Settles Bondholders’ Claims of Libor Manipulation.  HSBC Holdings Plc has settled claims by a group of U.S. bondholders that it conspired with rivals to rig the Libor benchmark interest rate, according to a New York court filing by the bondholders’ attorneys.  The filing did not disclose the terms of the settlement, which it said must be approved by U.S. District Judge Naomi Reice Buchwald in Manhattan federal court.

          Antitrust: Commission Opens Formal Investigation into Aspen Pharma’s Pricing Practices for Cancer Medicines.  The European Commission has opened a formal investigation into concerns that Aspen Pharma has engaged in excessive pricing concerning five life-saving cancer medicines.  The Commission will investigate whether Aspen has abused a dominant market position in breach of EU antitrust rules.

          Merck, Upsher-Smith to Pay $60 mln in ‘Pay-for-Delay’ Drug Case.  Merck & Co Inc and Upsher-Smith Laboratories Inc. have agreed to pay $60.2 million to resolve a lawsuit that said they entered into a deal to unlawfully delay the availability of generic versions of potassium supplement K-Dur.  The settlement, disclosed in papers filed in federal court in Newark, came in a class action filed in 2001 arising out of a settlement in patent litigation between Upsher-Smith and Schering-Plough Corp, now owned by Merck.  That patent deal, plaintiffs in the antitrust class action said, was an example of a “pay-for-delay” settlement, in which brand-name drug makers pay generic companies to keep their products off the market for a longer period.

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          Categories: Antitrust Enforcement, Antitrust Litigation, General, International Competition Issues

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